[Ord. 21A, 9/2/1982, § 20.01; as amended by Ord.
44, 6/11/1998]
1.
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Township, shall be appointed.
2.
The Zoning Officer shall meet the qualifications established by the
Township and shall be able to demonstrate to the satisfaction of the
Township a working knowledge of municipal zoning.
3.
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
4.
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
[Ord. 21A, 9/2/1982, § 20.02; as amended by Ord.
44, 6/11/1998; by Ord. 2001-49, 8/9/2001; and by Ord.
2017-07, 9/14/2017]
1.
Requirement of Permits.
A.
It shall be a violation of this chapter for any person or property
owner to commence work for the erection or alteration of any building,
fence, or structure, or the change of any land use, until a zoning
permit has been duly issued. No such permit shall be required in the
case of normal maintenance activities, minor repairs, or alterations
which do not alter the structure of the building. A zoning permit
shall be required prior to any of the following activities:
(1)
The erection, enlargement or relocation of any building, structure,
or portion thereof.
(2)
The use of or change in the use of a building, structure or
land. Such a permit will be known as a "certificate of use."
(3)
The alteration or expansion of a nonconforming use, building
or structure.
(4)
The issuance of a building permit, if required.
(5)
The erection, placement, installation, alteration, relocation or replacement of a sign as specified in Part 17, "Signs and Advertising Structures," of this chapter.
(6)
The construction of any parking area.
(7)
The placement of temporary construction or office trailers.
B.
The application for a permit shall be submitted on a form provided
by the Township and shall be accompanied by the required fee. Application
for a permit shall be made by the owner or lessee of any structure,
or agent of either. The full names and addresses of the owner, lessee,
and/or applicant shall be stated on the application. If the owner
or lessee is a corporate body, the names and contact information of
the responsible officers shall be stated in the application.
C.
The application shall contain a general description of the proposed
work, use and occupancy of all parts of the structure and such additional
information as may be required by the Zoning Officer. The application
for the permit shall be accompanied by a plan of the proposed structure,
drawn to scale, with sufficient clarity to show the nature and character
of the work to be performed.
D.
Upon receiving the application, the Zoning Officer shall examine
the same within a reasonable time after filing. If the application
or plans do not conform to the provisions of all pertinent local laws,
he/she shall reject such application, in writing, stating the reasons
therefor. He/she shall inform the applicant of the right to appeal
to the Zoning Hearing Board in the event such application is rejected.
If satisfied that the proposed work and/or use conforms to the provisions
of this chapter and all laws and ordinances applicable thereto, he/she
shall issue a permit as soon as practical.
E.
An approved zoning permit shall expire if the work described therein
has not been completed within two years from the date of issuance.
F.
The Zoning Officer may revoke a permit or approval issued under the
provisions of this chapter in case of any false statement or misrepresentation
of fact or incorrect information in the application or on the plans
on which the permit or approval was based or for any other cause set
forth in this chapter.
G.
The permit shall be kept on the site of operations open to public
inspection during the entire duration of the work or use and until
the completion of the same as defined on the application.
H.
No permit to begin work for the construction, alteration, repair,
extension, replacement and/or use of any structure, sign and/or land
for construction or use purposes shall be issued until the fees prescribed
by the Township Supervisors pursuant to resolution shall be paid.
The payment of fees under this section shall not relieve the applicant
or holder of said permit from payment of other fees that may be required
by this chapter or any other ordinance or law.
I.
The permit shall be a license to proceed with the work and should
not be construed as authority to violate, cancel or set aside any
of the provisions of this chapter, except as stipulated by the Zoning
Hearing Board.
J.
All work or uses shall conform to the approved application and plans
for which the permit has been issued.
2.
Building Permit.
A.
No structure shall be erected, moved, placed, constructed or enlarged
unless a building permit has been issued by the Building Code Official
in accordance with the provisions of the Uniform Construction Code
(UCC). The structure shall be constructed in strict conformance with
the application submitted pursuant thereto.
B.
The application for a building permit shall be submitted on a form
provided by the Township and shall be accompanied by the required
fee. Application for a building permit shall be made by the owner
or lessee of any structure, or agent of either. The full names and
addresses of the owner, lessee, and/or applicant shall be stated on
the application. If the owner or lessee is a corporate body, the names
and contact information of the responsible officers shall be stated
in the application.
C.
The building permit shall expire after one year from the date of
issuance. At the discretion of the Township, the permit may be extended
for one year where cause of delay is shown.
D.
The Building Code Official may revoke a permit or approval issued
under the provisions of this chapter in case of any false statement
or misrepresentation of fact or incorrect information in the application
or on the plans on which the permit or approval was based.
E.
The permit shall be kept on the site of operations open to public
inspection during the entire duration of the work or use and until
the completion of the same as defined on the application.
F.
A certificate of occupancy shall be issued by the Building Code Official
upon satisfactory completion of construction; however, a certificate
of use is also required prior to use of the structure.
[Ord. 21A, 9/2/1982, § 20.03; as amended by Ord.
44, 6/11/1998; and by Ord. 2017-07, 9/14/2017]
1.
Applications for a zoning permit shall be filed by the property owner,
his authorized agent or an individual with a proprietary interest
in the property, said individual to hereafter be known as the applicant.
Applications shall be submitted to the Zoning Officer and contain
the following:
A.
Zoning Permit Application Form. On a form supplied by the Township,
the applicant shall provide information to describe the size, location
and nature of the proposed building, structure or use. The applicant
shall sign the application form to verify the accuracy of the information.
B.
Plot Plan. All applications for a zoning permit shall be accompanied
by a plot plan in accordance with the following:
(1)
The plot plan shall show, where applicable, size, shape, and
dimensions of the lot size and location of all existing buildings;
size, location and use of all proposed buildings, additions or alterations;
parking lots, parking spaces, driveways, signs and other site improvements;
and other information as may be necessary to determine conformance
with this chapter.
(2)
Engineering, architectural or surveyor's plans may be required
by the Zoning Officer where necessary to accurately depict the proposed
work on a property.
(3)
The Zoning Officer may waive the plot plan requirement where
the applicant satisfactorily demonstrates the minimum standards are
greatly exceeded.
C.
Other Permit Prerequisites. At the time of application, the applicant
shall produce, where applicable, a valid sewage permit, street encroachment
permit, Labor and Industry approval, subdivision approval or other
approval preliminary to issuance of the building and zoning permit.
D.
Application Fee. All applications for a building and zoning permit
shall be accompanied by a fee to be established by resolution from
time to time by the Board of Supervisors.
[Ord. 21A, 9/2/1982, § 20.04; as amended by Ord.
44, 6/11/1998; and by Ord. 2017-07, 9/14/2017]
When an applicant fails to complete and sign the zoning permit application form, submit a plot plan, pay the required application fee, secure and produce other permit prerequisites, or submit other information required by the Zoning Officer, the application for a zoning permit shall be deemed incomplete. The Zoning Officer may notify the applicant to request supplemental information to complete the application. Such notice shall prescribe a time period, not to exceed 30 days, for completion of the application by submission of the supplementary information. Failure to complete the application shall result in written disapproval, in accordance with § 27-2005 of this chapter.
[Ord. 21A, 9/2/1982, § 20.05; as amended by Ord.
44, 6/11/1998; and by Ord. 2017-07, 9/14/2017]
1.
After an application has been determined to be complete, the Zoning
Officer shall take official action to approve or disapprove the permit
application in accordance with the following:
A.
Approval. When a completed application is found to conform with the
provisions of this chapter the Zoning Officer, within 30 days of application
completion, shall issue an approved zoning permit. Issuance of the
permit shall be accompanied by an approved plot plan, where applicable,
and a placard for display on the premises during the construction
or alteration period. Zoning permits are nontransferable and are valid
for work authorized therein only for the owner and property as designated.
B.
Disapproval. When a complete application is found not to conform
with the provisions of this chapter, the Zoning Officer, within 30
days of application completion, shall disapprove the application for
a zoning permit. Plot plans submitted with the application shall also
be disapproved. The disapproval shall be in writing, citing the deficiencies
of the application. Appeals from a disapproval by the Zoning Officer
shall be taken in the manner set forth in Parts 21 through 24 of this
chapter.
[Ord. 21A, 9/2/1982, § 20.06; as amended by Ord.
44, 6/11/1998; and by Ord. 2017-07, 9/14/2017]
1.
Zoning permits issued on the basis of plans and applications approved
by the Zoning Officer authorize only the use, arrangement and construction
set forth in such approved plans. A zoning permit shall be revoked,
in writing, by the Zoning Officer for any of the following reasons:
A.
When use, alteration or construction does not comply with or exceeds
the scope of that authorized by the zoning permit.
B.
When information pertinent to the application for a zoning permit
has been falsified or misrepresented.
C.
When other provisions of this chapter are violated in conjunction
with the use, alteration or construction authorized by the zoning
permit.
D.
When the original decision of the Zoning Officer did not conform
to the requirements of this chapter.
[Ord. 21A, 9/2/1982, § 20.07]
[Ord. 21A, 9/2/1982, § 20.08; as amended by Ord.
44, 6/11/1998]
1.
The Zoning Officer shall maintain certificate of zoning compliance
forms which shall be utilized to record the following:
A.
Nonconformities. Owners or occupants of nonconforming uses of land or structures and land in combination shall obtain a certificate of zoning compliance to document wherein the use differs from the provisions of this chapter. Authorization to renew, change, extend, enlarge or alter the nonconformity shall not be granted unless and until the specifics of the nonconformity are first recorded on a certificate of zoning compliance and the change or alteration is found to comply with Part 18 of this chapter. The Zoning Officer may require written documentation to verify the characteristics of the use and the dates of establishment.
B.
Approved Uses and Structures.
(1)
Owners and occupants of uses or structures authorized by approved
zoning permits may request a certificate of zoning compliance to verify
that the use or construction completed is in compliance with the approved
permit and the provisions of this chapter. Similarly, owners or occupants
of pre-existing conforming uses or structures may request a certificate
of zoning compliance. Upon receipt of such a request, the Zoning Officer
shall inspect the premises and approve or disapprove a certificate
of zoning compliance.
[Amended by Ord. 2017-07, 9/14/2017]
(2)
Nothing contained herein shall preclude the Zoning Officer from conducting routine inspections and investigations to determine zoning compliance, nor shall it prevent him from responding to complaints on zoning violations. Furthermore, violations of the conditions, uses or construction approved within a certificate of zoning compliance shall be a violation of this chapter, punishable in accordance with Part 29 of this chapter.
[Ord. 21A, 9/2/1982, § 20.09; as added by Ord.
44, 6/11/1998]
1.
The Board of Township Supervisors shall hear and decide requests
for conditional uses where this chapter provides for conditional uses
pursuant to express standards and criteria.
A.
Procedure.
B.
Standards. Conditional uses shall meet the specific standards established
for each use by this chapter and all other applicable zoning district
requirements and general regulations established by this chapter.
In addition, the following standards shall be met:
(1)
The use shall be one which is specifically authorized as a conditional
use in the zoning district wherein the applicant is seeking a conditional
use.
(2)
Services and utilities shall be made available to adequately
service the proposed use.
(3)
The use will not generate traffic such that hazardous or unduly
congested conditions will result.
(4)
The use is appropriate to the site in question.
(5)
The use shall not adversely affect the character of the general
neighborhood, nor the health and safety of residents or workers on
adjacent properties and in the general neighborhood.
2.
The applicant shall demonstrate, as a condition to approval of his
application, that the standards in Subsection 1B, and those specified
elsewhere in this chapter for the use in question, will be met.
